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Blog - DUI Cases of Note
In Georgia, police must reasonably accommodate a request for additional tests
Friday, 16 February 2007

In Georgia under the implied consent law, citizens are required to give samples of their blood breath or urine in order to determine if they are under the influence of alcohol or drugs. However, citizens are entitled to additional tests of their blood, breath, urine or other bodily substance from qualified personnel of their own choosing at their own expense. Georgia Courts have held that police must “reasonably accommodate” the request for an additional test. This may include taking a DUI arrestee to a hospital and perhaps not the closest one for a additional blood test. If the Dui arrestee faces an obstacle to obtaining a test and not just a sample, the Officer must reasonably accommodate the defendants request by attempting to overcome the obstacle including taking the DUI arrestee to the ATM, having friends meet him/her with money, offering to store the blood sample in the police evidence refrigerator until the arrestee can have it tested. See, Koontz v. State, 274 Ga. App. 248 (Jul. 08, 2005).

In Koontz, the Court held that the Officer failed to reasonably accommodate the request for an additional test when the Officer helped the Defendant get money and took him to a hospital where the Officer knew the Defendant could not get a blood test. He saw the nurse give the Defendant his blood sample which was not sufficient to satisfy the additional blood test requirement and offer no additional help to assist the Defendant in overcoming the obstacle to obtaining his additional test. Essentially, the Officer has to not only reasonably accommodate the request but also any obstacles that arise in obtaining the additional test absent some other emergency or urgent need of law enforcement. In other words, giving a Defendant a phone book and access to a telephone at 3 am and saying knock yourself out is not enough. Additional tests are important as state testing is often not accurate.

 
DUI juror strikes back in Fayette County: State didn’t meet burden
Wednesday, 11 October 2006

I was a juror in the DUI case held in state court last week. I am also the mother of four and very against drinking and driving. I know that this is murder on our streets and my children have been told time and again that they would be in the worst kind of trouble if they ever did drink and drive or even get into a car with a person under the influence of alcohol.

As for the charges against this particular man, the judge actually dropped the two counts of child endangerment charges. The police officers failed to obtain the correct information needed to prosecute these charges. It was not a cut and dry case.

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Are we becoming a police state in the name of prosecuting DUI cases: Acknowinging the pink elephant
Friday, 25 August 2006

Court overturns ruling in DUI case
Thursday, August 24, 2006
BY PETE SHELLEM of The Patriot-News

It was a case that prompted the president judge of Commonwealth Court to upbraid some judges for ignoring the constitution in the name of stopping drunk driving.

At issue: If a police officer outside his jurisdiction stops a vehicle and the driver refuses to take an alcohol breath test, can the license of the driver be suspended for a year?

The answer is no, according to a ruling this week by the state Supreme Court.

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No legal advice should be obtained from the web site alone. To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occuring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2006 George C. Creal, Jr. P.C.